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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Firearms and Crimes Legislation
Amendment (Public Safety) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of Firearms Act 1996 No 46 2
5 Amendment of other legislation 2
Schedule 1 Amendment of Crimes Act 1900 3
Schedule 2 Amendment of Firearms Act 1996 5
Schedule 3 Amendment of other legislation 11
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Firearms and Crimes Legislation
Amendment (Public Safety) Bill 2003
Act No , 2003
An Act to amend the Crimes Act 1900 and the Firearms Act 1996 to create
additional offences in relation to firearms; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Firearms and Crimes Legislation Amendment
(Public Safety) Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of Firearms Act 1996 No 46
The Firearms Act 1996 is amended as set out in Schedule 2.
5 Amendment of other legislation
The Act and the regulation specified in Schedule 3 are amended as
set out in that Schedule.
Page 2
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 93F
Omit the section. Insert instead:
93F Interpretation
(1) In this Part:
firearm, pistol and prohibited firearm have the same
meanings as in the Firearms Act 1996.
unregistered firearm means a firearm that is not registered
under the Firearms Act 1996.
(2) For the purposes of this Part, a person who is in a vehicle or
vessel in a public place is taken to be in that place.
(3) In subsection (2), vehicle includes a caravan or anything else
constructed to be drawn by a vehicle or animal.
[2] Section 93GA
Insert after section 93G:
93GA Firing at dwelling-houses or buildings
(1) A person who fires a firearm at a dwelling-house or other
building with reckless disregard for the safety of any person
is liable to imprisonment for 14 years.
(2) In the prosecution of an offence under this section, it is not
necessary to prove that a person was actually placed in danger
by the firing of the firearm.
(3) If, on the trial of a person for an offence under this section, the
jury is not satisfied that the accused is guilty of the offence but
is satisfied on the evidence that the person is guilty of an
offence under section 93G or 93H, it may find the person not
guilty of the offence charged but guilty of an offence under
section 93G or 93H, and the accused is liable to punishment
accordingly.
Page 3
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Schedule 1 Amendment of Crimes Act 1900
[3] Section 93I
Insert after section 93H:
93I Possession of unregistered firearm in public place
(1) A person who:
(a) possesses an unregistered firearm in a public place, and
(b) is not authorised under the Firearms Act 1996 to
possess the firearm,
is liable to imprisonment for 10 years.
(2) A person is guilty of an offence under this subsection if the
person commits an offence under subsection (1) in
circumstances of aggravation. A person convicted of an
offence under this subsection is liable to imprisonment for 14
years.
(3) For the purposes of subsection (2), an offence under
subsection (1) is committed in circumstances of aggravation
if the offence involves the possession:
(a) of more than one unregistered firearm, or
(b) of an unregistered firearm that is a pistol, or
(c) of an unregistered firearm that is a prohibited firearm.
[4] Section 154D
Insert after section 154C:
154D Stealing firearms
(1) A person who steals a firearm is liable to imprisonment for 14
years.
(2) In this section:
firearm has the same meaning as in the Firearms Act 1996.
Page 4
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Amendment of Firearms Act 1996 Schedule 2
Schedule 2 Amendment of Firearms Act 1996
(Section 4)
[1] Section 50AA
Insert after section 50:
50AA Purchase of firearm parts
(1) A person must not purchase a firearm part unless the person:
(a) is the holder of a licence or permit for the kind of
firearm to which the firearm part relates, or
(b) is authorised by a permit to purchase the firearm part.
Maximum penalty: imprisonment for 5 years.
(2) A person must not purchase a firearm part that relates to any
kind of prohibited firearm or pistol unless the person:
(a) is the holder of a licence or permit for that kind of
prohibited firearm or pistol, or
(b) is authorised by a permit to purchase the firearm part.
Maximum penalty: imprisonment for 10 years.
(3) If, on the trial of a person for an offence under subsection (2),
the jury is not satisfied that the accused is guilty of the offence
but is satisfied on the evidence that the person is guilty of an
offence under subsection (1), it may find the person not guilty
of the offence charged but guilty of an offence under
subsection (1), and the accused is liable to punishment
accordingly.
[2] Section 51B Selling firearms on an ongoing basis
Omit "during any period of 30 consecutive days" from section 51B (1).
Insert instead "over any consecutive period of 12 months".
Page 5
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Schedule 2 Amendment of Firearms Act 1996
[3] Sections 51BA and 51BB
Insert after section 51B:
51BA Restrictions on sale of firearm parts
(1) A person (the seller) must not sell, or knowingly take part in
the sale of, a firearm part to another person (the purchaser)
unless:
(a) the seller is authorised by a licence or permit to sell the
firearm part, and
(b) the purchaser is the holder of a licence or permit for the
kind of firearm to which the firearm part relates, and
(c) the purchaser's licence or permit has been produced to,
and inspected by, the seller.
Maximum penalty: imprisonment for 5 years.
(2) A person (the seller) must not sell, or knowingly take part in
the sale of, a firearm part to another person (the purchaser),
being a firearm part that solely relates to any kind of
prohibited firearm or pistol, unless:
(a) the seller is authorised by a licence or permit to sell the
firearm part, and
(b) the purchaser is the holder of a licence or permit for that
kind of prohibited firearm or pistol, and
(c) the purchaser's licence or permit has been produced to,
and inspected by, the seller.
Maximum penalty: imprisonment for 10 years.
(3) For the purposes of this section, a person takes part in the sale
of a firearm part if:
(a) the person takes, or participates in, any step, or causes
any step to be taken, in the process of that sale, or
(b) the person provides or arranges finance for any step in
that process, or
(c) the person provides the premises in which any step in
that process is taken, or suffers or permits any step in
that process to be taken in premises of which the person
is the owner, lessee or occupier or of which the person
has the care, control or management.
Page 6
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Amendment of Firearms Act 1996 Schedule 2
(4) If, on the trial of a person for an offence under subsection (2),
the jury is not satisfied that the accused is guilty of the offence
but is satisfied on the evidence that the person is guilty of an
offence under subsection (1), it may find the person not guilty
of the offence charged but guilty of an offence under
subsection (1), and the accused is liable to punishment
accordingly.
51BB Selling firearm parts on an ongoing basis
(1) A person must not contravene section 51BA on 3 or more
separate occasions over any consecutive period of 12 months.
Maximum penalty: imprisonment for 20 years.
(2) For the purposes of this section, the sale of more than one
firearm part to any person on a single occasion does not, in
itself, constitute more than one occasion.
(3) If, on the trial of a person for an offence under this section,
more than 3 occasions of selling a firearm part are relied on as
evidence of commission of the offence, all the members of the
jury must be satisfied as to the same 3 occasions in order to
find the person guilty of the offence.
(4) If, on the trial of a person for an offence under this section, the
jury is not satisfied that the offence is proven but is satisfied
that the person has, in respect of any of the occasions relied
on as evidence of commission of the offence under this
section, committed an offence under section 51BA, the jury
may acquit the person of the offence charged and find the
person guilty of an offence under section 51BA, and the
person is liable to punishment accordingly.
(5) A person who has been convicted of an offence under this
section is not liable to be convicted:
(a) of an offence under section 51BA, or
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on
as evidence of commission of the offence in respect of which
the person has been convicted.
(6) A person who has been acquitted of an offence under this
section is not liable to be convicted:
(a) except as provided by subsection (4)--of an offence
under section 51BA, or
Page 7
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Schedule 2 Amendment of Firearms Act 1996
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on
as evidence of commission of the offence in respect of which
the person has been acquitted.
(7) A person who has been:
(a) convicted of an offence under section 51BA, or
(b) acquitted of such an offence,
is not liable to be convicted of an offence under this section
on the same, or substantially the same, facts as those relied on
as evidence of commission of the offence under section
51BA.
(8) Subject to subsections (5) and (6), this section does not:
(a) remove the liability of any person to be convicted of an
offence under section 51BA, or
(b) affect the punishment that may be imposed for any such
offence.
[4] Section 71 Misuse of licences and permits
Omit section 71 (b).
[5] Section 71, note
Insert at the end of the section:
Note. It is an offence under section 300 (1) of the Crimes Act 1900 to
make a false instrument (such as a forged or fraudulently altered
firearms licence) with the intention that it will be used by somebody to
induce another person to accept it as genuine and (because of that
acceptance) to do (or not do) some act to that other person's prejudice.
The penalty for such an offence is imprisonment for 10 years.
[6] Section 71A
Insert after section 71:
71A Using forged or fraudulently altered licence or permit to obtain
firearm
(1) A person is guilty of an offence under this section if the
person uses a document that is, and that the person knows to
be, false, with the intention of obtaining a firearm.
Maximum penalty: imprisonment for 10 years.
Page 8
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Amendment of Firearms Act 1996 Schedule 2
(2) For the purposes of this section, a document is false if it
purports to be a licence or permit authorising the person who
is using it to possess a firearm but is in fact:
(a) not a licence or permit, or
(b) a licence or permit that has been altered in any respect
by a person who was not authorised to make the
alteration, or
(c) a licence or permit that has been issued to another
person.
[7] Section 84 Proceedings for offences
Omit section 84 (2). Insert instead:
(2) An offence under section 7, 36, 43, 44A, 50, 50AA, 50A (1),
51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66,
70, 71A, 72 (1) or 74 may be prosecuted on indictment.
However, Chapter 5 of the Criminal Procedure Act 1986
(which relates to the summary disposal of certain indictable
offences unless an election is made by the prosecution to
proceed on indictment) applies to and in respect of an offence
referred to in this subsection.
[8] Section 84 (3)
Insert ", 51BB" after "51B".
[9] Section 87 Evidence
Omit "(or by a person holding an office prescribed by the regulations)".
[10] Schedule 3 Savings and transitional provisions
Insert after clause 1 (1) (d):
(e) the Firearms and Crimes Legislation Amendment
(Public Safety) Act 2003, to the extent that it amends
this Act.
Page 9
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Schedule 2 Amendment of Firearms Act 1996
[11] Schedule 3, Part 6
Insert after Part 5:
Part 6 Provisions consequent on enactment of
Firearms and Crimes Legislation
Amendment (Public Safety) Act 2003
23 Operation of amendment to section 51B
For the purposes of section 51B (as amended by Schedule 2
[2] to the Firearms and Crimes Legislation Amendment
(Public Safety) Act 2003), a consecutive period of 12 months
may include a period part of which occurs before the
commencement of that amendment so long as that part period
does not exceed 30 days.
Page 10
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Amendment of other legislation Schedule 3
Schedule 3 Amendment of other legislation
(Section 5)
3.1 Criminal Procedure Act 1986 No 209
[1] Section 268 Maximum penalties for Table 2 offences
Omit "or 93H" from section 268 (2) (e). Insert instead ", 93H or 93I".
[2] Section 268 (2) (e1)
Omit the paragraph. Insert instead:
(e1) for an offence under section 7, 36, 43, 44A, 50, 50AA,
50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2),
62, 63, 64, 66, 70, 71A, 72 (1) or 74 of the Firearms Act
1996--imprisonment for 2 years, or a fine of 50 penalty
units, or both,
[3] Schedule 1 Indictable offences triable summarily
Insert "154D," after "154C," in clause 9 of Table 1.
[4] Schedule 1, Table 2
Omit "or 93H" from clause 6. Insert instead ", 93H or 93I".
[5] Schedule 1, Table 2
Omit clause 7. Insert instead:
7 Firearms Act 1996
An offence under section 7, 36, 43, 44A, 50, 50AA, 50A (1),
51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66,
70, 71A, 72 (1) or 74 of the Firearms Act 1996.
3.2 Firearms (General) Regulation 1997
[1] Clause 14
Omit the clause. Insert instead:
14 Requirement to notify Commissioner of address where
firearms are kept
(1) The holder of a licence or permit must, within 7 days of
acquiring any firearm, notify the Commissioner in writing of:
(a) the address of the premises on which the firearm is to be
kept when not actually being used, and
Page 11
Firearms and Crimes Legislation Amendment (Public Safety) Bill 2003
Schedule 3 Amendment of other legislation
(b) the particulars of the arrangements that have been made
by the licence or permit holder for complying with the
requirements of the Act and this Regulation concerning
the safe keeping and storage of the firearm on those
premises.
Maximum penalty: 50 penalty units.
(2) If there is any change in the address of the premises on which
the holder of a licence or permit keeps any firearm, the holder
of the licence or permit must, within 7 days after the change
occurs, notify the Commissioner in writing of:
(a) the address of the new premises on which the firearm is
to be kept, and
(b) the particulars of the arrangements that have been made
by the licence or permit holder for complying with the
requirements of the Act and this Regulation concerning
the safe keeping and storage of the firearm on those
premises.
Maximum penalty: 50 penalty units.
(3) Subclause (2) does not affect any requirement under section
69 of the Act to notify the Commissioner of a change of
address in relation to a place of residence.
[2] Clause 107 Certificate evidence
Omit the clause.
Page 12
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